Please read the Ari.io Terms of Service Agreement ("Agreement") carefully before registering an Account, and using the Ari.io Applications, or any such other website usage. This Agreement is a legally binding document between you and Ari.io, LLC ("Ari.io"). By accepting the terms of this Agreement and registering an Account, you are agreeing to be bound by the terms of this Agreement.
Ari.io's "Applications" includes two components: (i) the Internet website application service, along with any accompanying materials or documentation (collectively, the "Application"), (ii) the associated mobile applications and (iii) Ari.io's proprietary online content, functionality and services offered on or via the website ("Service").
Ari.io PROVIDES EDUCATIONAL INFORMATION AND DIRECTION ON HOW TO BUILD CRYPTO-CURRENCY BASED DISTRIBUTED APPLICATIONS. Ari.io DOES NOT, IN ANY WAY, PROVIDE ANY ADVICE OR COUNSEL ON TRADING OR FINANCIAL DECISIONS.
thebiglittle produces and distributes content about various technologies, including but not limited to distributed applications and web technologies, and sends data to Ari.io by means of cellular or Wifi connection about User, which may be stored on the user's mobile device.
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TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS: Ari.io's "Applications" includes two components: (i) the Internet website application service, along with any accompanying materials or documentation (collectively, the "Application"), (ii) the associated mobile applications and (iii) Ari.io's proprietary online content, functionality and services offered on or via the website ("Service").
Grant of Limited License to Use the Service. thebiglittle produces and distributes content about various technologies, including but not limited to distributed applications and web technologies.
Provided you have paid all fees required hereunder and are in compliance with this Agreement, Ari.io hereby grants you a limited, non-exclusive, nontransferable license to access and use Ari.io. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by Ari.io or on behalf of Ari.io through Ari.io (the “Content”) in any way; (ii) modify or make derivative works based upon Ari.io or the Content; (iii) create Internet "links" to Ari.io or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access Ari.io in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Ari.io, or (c) copy any ideas, features, functions or graphics of Ari.io. Ari.io and its features and benefits are not transferable, whether by operation of law or otherwise, without prior written permission from Ari.io, LLC.
You may use Ari.io only as permitted by law, including applicable export and re-export control laws and regulations. Do not interfere with the Services or try to access Ari.io using a method other than the interface and the instructions provided to you by Ari.io. Ari.io may suspend or stop providing Services to you if you do not comply or if Ari.io is investigating suspected misconduct with your Account.
You are solely responsible for any and all activity occurring under your Ari.io user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Ari.io, including those related to data privacy, international communications and the transmission of technical or personal data. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and Account. You agree to notify Ari.io immediately of any unauthorized use of your account or any breach of security. Ari.io will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You warrant and represent that: (i) if you have provided Ari.io with personal information or other information belonging to a third party, that you have the right to do so and (ii) you have complied and will comply with all applicable laws and regulations respecting your execution and performance of these terms.
Purchase of the Ari.io Service; Not an Endorsement of Third-Party Services If you agree to pay the fee for access to the applicable Ari.io Service, such fee will be charged to the company designated by you in accordance with the payment method you have chosen for your purchase. If you are paying by credit, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Ari.io Websites are inclusive of any applicable sales taxes and fees. Ari.io accepts a variety of different payment methods, so please check the website for the best way for you to pay.
The use of Ari.io's Services is not an endorsement of any third-party services. The Services provided by Ari.io are educational in nature only. In the event that the educational Services provided require the use of a third-party application or service, Ari.io is providing education, how-to-use, or how-to-incorporate information related to the third-party services, and does not endorse, recommend, nor provide any warranties related to the use of the third-party services. In the event that use of the third-party services requires Bitcoin, Ethereum or other cryptocurrencies, Ari.io may educate you on how-to use cryptocurrencies with the third-party service, but in no way, endorses, encourages, or advices use of cryptocurrencies, or the third-party services.
NOT FINANCIAL ADVICE. Ari.io PROVIDES EDUCATIONAL INFORMATION AND DIRECTION ON HOW TO BUILD CRYPTO-CURRENCY BASED DISTRIBUTED APPLICATIONS. Ari.io DOES NOT, IN ANY WAY, PROVIDE ANY ADVICE OR COUNSEL ON TRADING OR FINANCIAL DECISIONS.
Ari.io is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The Information on the Applications or in the Service are provided for information purposes only. The information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using Ari.io's information to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. None of the information on Ari.io's Applications or in the Service is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, company, or fund. Ari.io is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.
We will also use Data, including Personal Information, to contact individual users, and track and report individual user performance (e.g., how much a certain individual user picked in a particular timeframe). We may provide individual users with information from other users, including information about job opportunities.
Fees Ari.io may change the price for the fee-based services available within Ari.io (“Ari.io Paid Service”) from time to time. With respect to a change in the Ari.io Paid Service, such changed fee will become effective after the expiration of the then-current paid-for period. Any price change will be communicated to you at least thirty (30) days in advance, allowing you the opportunity cancel. If you do not wish to be bound by the changed fee relating to your Ari.io Paid Service you may terminate your subscription of your Ari.io Paid Service in accordance with Section 8 (Term and Termination). Your continued use of the Ari.io Paid Service after the communication of the changed fee constitutes an acceptance of the new fee.
Automatic Subscription Renewal Your subscription to the Ari.io Paid Service will automatically renew at the end of each subscription term unless you terminate your subscription at least two (2) business days prior to the expiration of the current subscription term in accordance with Section 8 (Term and Termination). Upon completion of the initial term, automatic renewal will be charged as a monthly subscription term, even if the previous subscription term was for a longer period. Upon continued use of the Ari.io Paid Service after the initial term, the payment method you have designated to be charged in your Account will automatically be charged for the automatic renewal fees for the applicable subscription. Your Account will retain the payment method for the initial purchase of the Ari.io Paid Service. This payment method will be used unless you make the appropriate changes in your Account.
Term and Termination This Agreement is effective upon clicking accept and creating a Ari.io Account or when you start using any part of Ari.io. This Agreement remains effective until terminated by you or Ari.io. You may cancel your subscription of Ari.io's Paid Service at any time by visiting your subscription page. Termination is effective at the expiration of the then-current paid for subscription period (e.g. one month, one quarter or a year). Ari.io will not refund any unused portion of subscription fees paid in advance. Ari.io reserves the right to terminate this Agreement or suspend your Ari.io Account at any time in case of unauthorized, or suspected unauthorized use of any part of Ari.io, whether in contravention of this Agreement or otherwise. If Ari.io terminates this Agreement, or suspends your Ari.io Account for any of the reasons set out in this section, Ari.io shall have no liability or responsibility to you, and Ari.io will not refund any amounts that you have previously paid. Upon termination, you will have no further right or access to Ari.io or the data or other information provided by Ari.io or Ari.io. Upon termination of your account, data may be deleted or retained in Ari.io's sole discretion. The following sections and any claim by Ari.io for unpaid fees will survive any termination or expiration of this Agreement or Ari.io Services: Section 4, Section 8-9, Section 11, and sections 13-18.
Intellectual Property You acknowledge and agree that Ari.io (and/or its licensors), own all right, title, and interest in and to the Application, including all intellectual property rights associated with the Ari.io Services and any information, data or material generated or created by Ari.io. Except for the limited license expressly stated herein, you have no intellectual property rights in the Applications or the Services and Ari.io reserves all rights not expressly granted to you. You must comply with all laws when using Ari.io, as well as, all applicable copyright, trademark, or other legal notices or restrictions. Furthermore, you must not infringe any third party's intellectual property rights in using Ari.io. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through Ari.io. The trademarks, trade names, service names or logos associated with Ari.io (collectively, the "Marks") are trademarks of Ari.io, LLC or its licensors, and no right or license is granted to use them. You hereby acknowledge Ari.io or its licensors' perpetual and exclusive ownership of and title to the Marks and the goodwill attaching thereto. You agree not to use or attempt to register any Mark that is confusingly or deceptively similar to the Marks.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, e-mail, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Application and/or Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non- proprietary, and you hereby assign all right, title, and interest in, and to Ari.io. Ari.io is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Ari.io is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Copyright Infringement and Take Down If you are a copyright holder who believes that any of the products, services or content which are directly available via Ari.io are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Ari.io's designated copyright agent at the following address: Ari.io Attn: Copyright us@Ari.io [ENTER COPYRIGHT AGENT ADDRESS AND CONTACT INFORMATION] A notification of claimed copyright infringement must be addressed to Ari.io's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on Ari.io Service or the Ari.io Websites (please be as detailed as possible and provide a URL to help Ari.io locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Technology Limitations and Modifications Ari.io will make reasonable efforts to keep Ari.io operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Ari.io reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of Ari.io with or without notice.
Assignment Ari.io may assign this Agreement or any part of it without restrictions. You may not assign your obligations under this Agreement or any part of it to any third party.
Business Use of Services If you are using Ari.io on behalf of a business, that business accepts the terms of this Agreement.
Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
Disclaimer of Warranties EXCEPT AS SET FORTH ABOVE, Ari.io PROVIDES THE APPLICATIONS AND SOFTWARE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Ari.io MAKES NO WARRANTY THAT (i) THE APPLICATION OR ANY SOFTWARE PURCHASED THROUGH Ari.io WILL MEET YOUR REQUIREMENTS; (ii) Ari.io WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THERE WILL BE NO ERRORS IN THE APPLICATION OR HARDWARE, OR THAT Ari.io WILL FIX ANY ERRORS. YOU UNDERSTAND THAT Ari.io MAY BE AFFECTED OR INTERRUPTED BY, CELLULAR OR OTHER NETWORK INTERRUPTIONS AND OTHER FACTORS AND ACTS OF GOD, AND THAT Ari.io BEARS NO RESPONSIBILITY FOR THE SAME.
ANY DATA OR OTHER INFORMATION OBTAINED THROUGH USE OF THE APPLICATION OR SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND Ari.io SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE APPLICATIONS OR SERVICES OR ANY CONTENT OBTAINED FROM Ari.io'S APPLICATIONS OR SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. FOR ANY ADDITIONAL QUESTIONS CONCERNING THESE EXCLUSIONS, YOU SHOULD CONTACT A LEGAL REPRESENTATIVE IN YOUR STATE OR REGION.
LIMITATION OF LIABILITY YOUR USE OF THE APPLICATIONS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. Ari.io WILL NOT BE LIABLE FOR ANY INVESTMENT DECISION MADE BY YOU. FURTHER, Ari.io WILL NOT BE LIABLE TO YOU (OR ANY THIRD PARTY) FOR INDIRECT, INCIDENTAL, SPECIAL, EXTRAORDINARY, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, EVEN IF YOU HAVE INFORMED Ari.io OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT Ari.io SHALL HAVE NO RESPONSIBILITY OF LIABILITY FOR ANY DAMAGE OR LOSS TO PROPERTY, REDUCTION OR LOSS IN PRODUCTION, OR PERSONAL INJURY OR DEATH RELATING TO THE SOFTWARE, OR SERVICE OR THE DATA OR OTHER INFORMATION PROVIDED THROUGH Ari.io, EXCEPT DUE TO Ari.io'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Ari.io'S TOTAL LIABILITY FOR ANY CLAIMS RELATING TO OR ARISING OUT OF USE OF THE SERVICE OR SHALL BE LIMITED TO THE AGGREGATE FEES YOU PAID FOR THE SERVICE DURING THE ONE (1) YEAR PERIOD PRIOR TO ASSERTION OF THE CLAIM.
Indemnification You, or the business you are using Ari.io's Applications and/or Services on behalf of, will defend, indemnify, and hold harmless Ari.io and its affiliates, officers, agents and employees from and against any claim, suit, injury, action, liability, loss, damage, settlement, judgment, arbitration award, cost, and expense, including without limitation, reasonable attorneys’ fees and expenses (collectively, “Claims”) resulting from, arising out of, or relating to your use of Ari.io's Applications, Services and/or the Ari.io Software. Ari.io will promptly notify You in writing of any such Claim and will allow You to control, and will cooperate with You in, the defense and all related settlement negotiations; provided, however, that Ari.io may participate in such defense and negotiations through counsel of its own choosing at its own expense. You will reimburse Ari.io for all expenses incurred by Ari.io through such cooperation with You in the defense and related settlement negotiations. No settlement of a Claim may be made by You without Ari.io's prior written consent, which shall not be unreasonably withheld.
Mandatory Arbitration; Exceptions to Mandatory Arbitration; Waiver of Class Action Rights; Limitations Period; Venue and Choice of Law i. You and Ari.io agree that any dispute, claim or controversy arising out of or relating in any way to the Applications or Services or your use thereof, including this Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Ari.io, LLC are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your Paid Service subscription. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the 'AAA Rules'), as modified by this Agreement, and as administered by the AAA.
ii. You and Ari.io, LLC agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Applications and/or Services are NOT subject to mandatory arbitration. Instead, you and Ari.io, LLC agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in San Francisco, California, and that applicable California and/or Federal law shall govern, without regarding to choice of law principals.
iii. YOU AND Ari.io, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Ari.io, LLC. Any arbitration costs or fees deemed 'excessive' will be paid by Ari.io, LLC.
v. You and Ari.io, LLC agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Ari.io, LLC further agree that applicable laws of the State of California shall exclusively govern any dispute without regard to choice or conflicts of law rules, and excluding the application of its conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in San Francisco, California.
Questions. If you have questions regarding this Agreement, or wish to obtain additional information, please contact us at: Ari.io, LLC 235 E. 83rd St., #7A, New York, NY Email: firstname.lastname@example.org.
© Ari.io, LLC. All rights reserved. Last Updated December 1, 2021